5 U.S.C. § 5569 — Benefits for captives

(a) Definitions. (1) “Captive” means an individual in captive status that began while the person was (A) in the Civil Service or (B) a United States citizen, national, or resident alien personally serving the United States similarly to a Civil Service individual, other than a uniformed-services member. (2) “Captive status” means a missing status that the President determines arose from hostile action and resulted from the person’s relationship with the Government. (3) “Missing status” means the meaning in section 5561(5) for an employee and a similar meaning for another individual. (4) “Family member” means, for a person, (A) any dependent and (B) anyone else in the person’s family or household who is not a dependent under (A). This section does not define “Civil Service,” “dependent,” “uniformed services,” “family,” or “household.” (b)(1) The Treasury Secretary must establish a savings fund. An agency head may put all or part of a captive’s pay and allowances into it to the extent they cannot be allotted under section 5563 or another law. (2) Fund amounts earn quarterly compounded interest. For each calendar quarter, the rate equals the average rate paid on United States Treasury bills with 3-month maturities issued in the preceding quarter. (3) Amounts credited to a captive count as pay and allowances under section 5563 and may otherwise be withdrawn under Treasury procedures. (4) Interest on (A) an amount owed to the United States under section 5562(c) is treated as part of the amount due there, and (B) an amount described in section 5566(f) is treated as part of that amount for section 5566(f). (5) An allotment under this subsection need not follow section 5563(c). (c) The agency head must advance or reimburse a captive and the captive’s family member for medical and health care and related expenses when the care is (1) incident to the captivity and (2) not covered by (A) a Government medical or health program or (B) insurance. (d)(1) Except under (3), the President must pay cash, calculated under (2), to a person whose captive status began on or after November 4, 1979. Payment must be made within 1 year after the status ends, or, if it ended before the Victims of Terrorism Compensation Act was enacted, within 1 year after that enactment. (2) Except section 802 of that Act, the payment must be at least one-half of the worldwide average per-diem rate under section 5702 for each day the person was held captive. (3)(A) The President may defer payment until final disposition if the person is charged during the one-year period with an offense described in (B). (B) The President may deny payment if the person is convicted of an offense under section 8312(b) or (c), committed (i) during captivity and (ii) related to captive status. (4) This payment is additional to other amounts provided by law. (5) Subchapter VIII of this chapter, or similar presidential provisions for someone it does not cover, applies to amounts due after the person’s death. (6) A payment later denied under (3)(B) is a United States Government claim for section 3711 of title 31. (e)(1) Under presidential regulations, a captive receives the Servicemembers Civil Relief Act benefits, including section 702, except sections 104–106, title IV, and title V other than sections 501 and 510. (2) For applying that Act, (A) “servicemember” includes the captive, (B) “period of military service” includes captive status, and (C) references to the named Army, Navy, and Marine Corps officials mean a person designated by the President for a captive. (f)(1)(A) Under presidential regulations, an agency head must advance or reimburse a captive’s spouse or child for subsistence, tuition, fees, supplies, books, equipment, and other educational expenses at an educational or training institution. (B) Unless (C), this is available for education or training (i) after the captive has been captive for at least 90 days and (ii) through the end of a semester or quarter beginning before the captive status ends, or, without such a system, the earlier of the end of a course begun before that date or 16 weeks after it. To respond to special circumstances, the agency head may set a later end date. (C) If the captive dies from an event incident to captivity, assistance remains available for the spouse or child’s education or training after death. (D) This paragraph does not apply to a spouse or child eligible under chapter 35 of title 38 or similar law. (E) “Child” means a dependent under section 5561(3)(B). (2)(A) To address special circumstances, the agency head may advance or reimburse a captive’s listed educational expenses. (B) This is available for education or training after captive status ends and through the end of a semester or quarter beginning before the date 10 years after termination, or, without that system, the earlier of the end of a course begun before that date or 16 weeks after it. It is available only when not otherwise authorized by law. (3) Assistance stops when conduct or progress is unsatisfactory under standards consistent with section 3524 of title 38, and cannot exceed 45 months or its part-time equivalent. (4) Regulations must make this program consistent with chapters 35 and 36 of title 38. (g) Under presidential regulations, a benefit under (c) or (d) may be given to a family member if (1) the family member is captive and (2) the individual is performing United States service described in (a)(1)(A) when the family member’s captivity begins. (h) Except for (d), this section applies to captive status beginning after January 21, 1981. (i) A presidential determination under (a)(2) or (d) is conclusive and not judicially reviewable. (j) The President may issue necessary regulations. (k) Benefits and payments come from funds available for salaries and expenses of the relevant United States agency.